These regulations are provided so that certain incidental and accessory business uses may be established in residential neighborhoods under conditions that will ensure their compatibility with adjacent residences and the purposes of the underlying zoning districts. These regulations are intended to protect the rights of all residents to engage in certain home occupations where such activity is harmonious with a residential environment.

(Ord. No. 830, § 2, 7-7-2020)

A.

The provisions of this chapter shall apply to the operation of home operated businesses and occupations within residential dwellings. A home occupation may be permitted as an accessory use in any structure authorized for residential use within the city with a home occupation permit.

B.

Prohibited Home Occupations. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home occupations shall include, but are not limited to:

1.

Animal hospitals.

2.

Automotive/vehicle repair, upholstery, painting, or storage for non-personal use.

3.

Commercial storage.

4.

Dancing schools or exercise studios.

5.

Food catering or production except in compliance with the Cottage Food Act (Government Code Section 51035) and Section 17.68.070 (Cottage Food Operations).

6.

Junk yards.

7.

Medical and dental offices, clinics, and laboratories.

8.

On-site retail sales.

9.

Outdoor storage of equipment, materials, and other accessories specific to the construction trades.

10.

Welding and machining.

11.

Any other uses as determined by the director to be incompatible within residentially zoned areas.

12.

Any use that does not comply with Section 17.68.060 of this chapter (Operating Standards).

(Ord. No. 830, § 2, 7-7-2020)

A.

Application Filing and Processing. Applications for home occupation permits shall be filed with and processed by the city manager (hereinafter "director"), or designee, in the manner required to ensure compliance with this chapter.

B.

Application Fees. Application fees shall be as established by resolution of the city council and collected in the manner established by the director, or designee.

C.

Issuance of a home occupation permit shall also require a current city business license. A failure to obtain or renew such license shall render the home occupation permit approval null and void, and the business activity authorized by the home occupation permit shall cease.

D.

For home occupations conducted on rental property, the property owner's written authorization shall be obtained prior to submittal of an application for a home occupation permit.

(Ord. No. 830, § 2, 7-7-2020)

The city manager (director) or designee is authorized to approve, conditionally approve, modify, or deny applications for home occupation permits, and may refer applications for home occupation permits to the planning commission for review. All applications that comply with the requirements of this chapter shall be approved by the director.

(Ord. No. 830, § 2, 7-7-2020)

No notice of the application for a home occupation permit shall be required, except where an appeal of the director's determination regarding issuance or denial of a permit is filed with the development services department. Appeals of the director's decision to deny issuance of a home occupation permit shall be made in writing to the planning commission within ten days of the director's decision and processed in the manner set forth in Section 17.62.070 ("Appeals").

(Ord. No. 830, § 2, 7-7-2020)

"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the use permitted in the residential district of which it is a part.

(Ord. No. 830, § 2, 7-7-2020)

Home occupations shall comply with all of the following operating standards at all times, and with those additional conditions which may be established from time-to-time by the director to ensure the purpose of this chapter is achieved:

A.

No dwelling shall be built or altered for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.

B.

No persons other than a member of the immediate family occupying such dwelling shall be employed. Exceptions are allowed for cottage food uses only where consistent with the State Cottage Food Act (Government Code Section 51035 et seq.) and the provisions of this code.

C.

There shall be no signs other than those permitted by Chapter 17.44 (Comprehensive Sign Ordinance).

D.

There shall be no advertisement of the business location in a public forum, except as otherwise approved by the director.

E.

All merchandise, supplies, equipment or other materials related and utilized for conduct of the home occupation shall be stored within the residence.

F.

The storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas shall be prohibited.

G.

The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for off-street parking, setbacks, and yard areas as required by the regulations applicable to the land use district.

H.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which increases noise or fire hazards not normally associated with a residential use shall be prohibited.

I.

There shall be complete conformity with fire, building, plumbing, electrical, and health codes and to all applicable state and local laws. Activities conducted and equipment or material used shall not change the occupancy classification of the premises.

J.

The use of utilities shall be limited to the usage normally associated with a residential use.

K.

A home occupation permit shall not be transferable to another property or dwelling unit or to any subsequent owner of the property or dwelling unit for which the home occupation permit was originally approved.

L.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, nor shall the use require additional parking spaces beyond those provided on-site.

M.

No special off-street parking area shall be allowed in connection with the home occupation; however, the driveway may be used for such parking.

N.

Storage and parking of vehicles on the premises used in conjunction with the home occupation shall be limited to vehicles not exceeding ten thousand pounds gross vehicle weight. Such parking shall only occur on areas improved for vehicle parking as required by this code. Not more than one commercial motor vehicle, together with equipment, tools, and stock-in-trade maintained therein, is permitted where such motor vehicle is used as the owner's means of transportation for conduct of the home occupation. Commercial vehicles or trailers which have an unladen vehicle weight of ten thousand pounds or greater or are more than twenty-five feet in length and are used for commercial purposes are prohibited in residential areas in conjunction with a home occupation permit.

O.

Home occupation activities shall be conducted indoors.

P.

Noise generated by the conduct of the home occupation shall not exceed that normally associated with a residential use, nor shall they exceed the standards as set forth in this code.

Q.

Persons with documented physical disabilities may be permitted special review by the development services director, by requesting the waiver of one or more, or a portion thereof, of requirements A through M above. Such requests shall be processed by seeking an administrative use permit pursuant to Section 17.50.025 of this code.

(Ord. No. 830, § 2, 7-7-2020)

Notwithstanding any of the provisions above, a cottage food operation as defined by the State of California under the provisions and allowances of AB 1616 shall be allowed within any legally established residential unit within the City of Anderson provided the requirements for a home occupation and the following requirements are met:

A.

Each cottage food operation shall conform to all local, state and county laws, regulations and requirements.

B.

The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.

C.

No dwelling shall be built or altered for the purpose of conducting the cottage food operation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a cottage food operation is conducted.

D.

No cottage food operation shall be located within three hundred feet of another such operation.

E.

No cottage food operation shall sell, or offer for sale, from the residence food items prepared from that residence.

F.

All cottage food operations shall conform to the requirements and restrictions of this code for residential zoning districts.

G.

Only those individuals residing within the residential unit, as their primary residence, shall participate in a cottage food operation, with the exception that a cottage food operation may be permitted one full-time equivalent employee.

H.

Customers of any cottage food operation shall be prohibited from consuming on the residential property where such product was produced any products purchased from the cottage food operation.

I.

There shall be no display, sale or advertising signs on the premises except as allowed pursuant to Chapter 17.44 (Comprehensive Signs Ordinance).

J.

Within thirty days of receipt of a home occupation permit from the City of Anderson for a home occupation involving a cottage food operation, the operator of such business shall obtain any permit for such use as may be required by the County of Shasta or the State of California.

K.

The cottage food operator shall ensure that adequate trash removal occurs for the level of activities added by the cottage food operation.

L.

Violations of the City of Anderson Municipal Code Section 17.68.070 ("Cottage Food Operation") may result in the revocation of the home occupation permit issued by the City of Anderson. Operators who have had their home occupation permit revoked shall be prohibited for one year from applying for another home occupation permit for a cottage food operation.

M.

All merchandise, supplies, equipment or other materials shall be stored indoors.

N.

There shall be complete conformity with all fire, building, plumbing, electrical and health codes and to all applicable state and local laws, regulations and/or requirements. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classification of the premises.

O.

No cottage food operation shall be initiated until a city business license has been issued by the City of Anderson.

P.

The cottage food operation home occupation permit shall not be transferable to another property or dwelling unit or to any subsequent owner or tenant of the property or dwelling unit for which the cottage food operation home occupation permit was originally granted.

Q.

For a cottage food operation conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to submittal of an application for a home occupation permit (cottage food operation) and shall be submitted with such application.

R.

Cottage food operation activities shall be conducted wholly indoors.

S.

No more than twenty-five percent of floor area of the residence may be used for storage of materials and supplies used for or in association with the cottage food operation.

T.

Where any cottage food operation employs an individual other than the primary operator, all local, county, state and federal labor laws shall apply.

The regulations in this chapter shall apply within all zoning districts of the City of Anderson as may be depicted on the official zoning diagram of the city as referenced in Title 17 of this code.

(Ord. No. 830, § 2, 7-7-2020)